(ETS no. 184)
Strasbourg, 8.XI.2001
Preamble
The Parties to this Protocol to the European
Convention for the Protection of the Audiovisual Heritage, opened for signature in
Strasbourg, on 8 November 2001 (hereinafter referred to "the Convention"),
Considering the importance of television productions as part of the
European audiovisual heritage as expressed in the Convention;
Recognising the specificity of television productions, in particular
with regard to their virtually universal availability, their quantity and their role as a
mirror of all sectors and aspects of society;
Resolved to ensure an adequate preservation of television productions
for cultural, scientific and research purposes in the public interest;
Taking account of the international treaties in force for the
protection of copyright and neighbouring rights;
Referring to Article 3 and Article 18 of the Convention,
Have agreed as follows:
Article 1 – Definitions
For the purposes of this Protocol:
a "television productions" means any moving
image material other than cinematographic works, which has been produced for transmission
via terrestrial transmitter, cable, satellite or other means, for reception by the public,
with the exception of moving image material transmitted on individual demand and
interactive moving image material;
b "depository body" means any institution,
including archive bodies, designated by a Party to carry out the functions related to
legal or voluntary deposit;
c "broadcaster" means any natural or legal
person who has editorial responsibility for the composition of television productions and
who transmits them, by whatever means, or has them transmitted by a third party for
reception by the public.
Article 2 – Scope of application
1 The Parties to this Protocol agree to apply the provisions of
the Convention to television productions subject to the following exceptions:
– Article 3 of this Protocol shall be applied
instead of Article 5 of the Convention;
– Article 4 of this Protocol shall be applied instead of Article 11
of the Convention;
– Article 5 of this Protocol shall be applied instead of Article 6
of the Convention; and
– Article 7 of this Protocol shall be applied instead of Article 8
of the Convention.
2 The provisions of Article 1 of this Protocol shall
be regarded as an addition to Article 2 of the Convention.
Article 3 – Legal deposit
1 Each Party shall implement, by legislative or
other appropriate means and subject to paragraphs 2 and 3 of this article, the obligation
to deposit television productions forming part of its audiovisual heritage, which have
been transmitted by broadcasters under its jurisdiction for the first time to the public
after the entry into force of this Protocol.
2 Each Party may provide for a system of appraising,
selecting or sampling of television productions which are under the obligation of being
deposited, in order to define and preserve the television elements of its audiovisual
heritage adequately.
3 Each Party shall be free to provide for an
exemption from the legal deposit if a television production is legally deposited in one of
the other Parties.
4 Each Party shall determine who is under the
obligation of legal deposit in accordance with this Protocol.
Article 4 – Voluntary deposit
Each Party may encourage and promote the voluntary deposit of
television productions which do not qualify under Article 3.2. Voluntary deposit may be
extended to ancillary material.
Article 5 – Designation of depository bodies
With regard to the deposit of television productions, each Party
may:
a designate one or more broadcasters, upon their
agreement and in accordance with the agreed terms, as depository body for the television
productions transmitted by them or, if both sides agree, by other broadcasters,
or
b designate by agreement and/or establish one or more
other depository bodies.
Article 6 – Financial and technical means of depository bodies
Each Party shall ensure that depository bodies under Article 5 of
this Protocol have the necessary means for carrying out the functions of legal deposit as
defined in Article 3, and shall examine the appropriate financial arrangements to this
effect.
Article 7 – Conditions of deposit
Each Party shall determine the conditions necessary for the deposit
of television productions with depository bodies in accordance with this Protocol.
Article 8 – Final provisions
1 This Protocol shall be open for signature by
Signatories to the Convention. It is subject to ratification, acceptance or approval. A
Signatory may not ratify, accept or approve this Protocol unless it has previously or
simultaneously ratified, accepted or approved the Convention. Instruments of ratification,
acceptance or approval shall be deposited with the Secretary General of the Council of
Europe.
2 This Protocol shall enter into force on the first
day of the month following the expiration of a period of three months after the date on
which five States, including at least four member States of the Council of Europe, have
expressed their consent to be bound by the Protocol in accordance with the provisions of
paragraph 1 of this article.
3 From the date of its entry into force, this
Protocol shall form an integral part of the Convention.
4 In respect of any Signatory which subsequently
expresses its consent to be bound by it, the Protocol shall enter into force on the first
day of the month following the expiration of a period of three months after the date of
the deposit of the instrument of ratification, acceptance or approval.
5 After the entry into force of this Protocol, any
State which has acceded to the Convention may also accede to this Protocol.
6 Accession shall be effected by the deposit with the
Secretary General of the Council of Europe of an instrument of accession which shall take
effect on the first day of the month following the expiration of a period of three months
after the date of deposit.
7 No reservation may be made in respect of the
provisions of this Protocol.
8 Any Party may at any time denounce this Protocol by
means of a notification addressed to the Secretary General of the Council of Europe.
9 Such denunciation shall become effective on the
first day of the month following the expiration of a period of three months after the date
of receipt of such notification by the Secretary General.
10 The Secretary General of the Council of Europe
shall notify the member States of the Council of Europe, the European Community, any
Signatory, any Party and any other State which has been invited to accede to the
Convention of:
a any signature;
b the deposit of any instrument of ratification,
acceptance or accession;
c any date of entry into force of this Protocol in
accordance with paragraphs 2, 4 and 6 of this article;
d any other act, notification or communication
relating to this Protocol.
In witness whereof the undersigned, being duly authorised thereto, have
signed this Protocol.
Done at Strasbourg, this 8th day of November 2001, in English and in
French, both texts being equally authentic, in a single copy which shall be deposited in
the archives of the Council of Europe. The Secretary General of the Council of Europe
shall transmit certified copies to each member State of the Council of Europe, to the
other States Party to the European Cultural Convention, to the European Community and to
any other State invited to accede to the Convention.
Совет Европы. Бюро договоров на
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